Sexual Offences Act 1956
The most relevant provisions that have to date been used against
traffickers and exploiters are Section 22 and Section 24 of the
SOA 1956.
S. 22. (1) It is an offence for a person
(a)
to procure a woman to become, in any part of the world, a
common prostitute; or
(b)
to procure a woman to leave the UK, intending her to become
an inmate of or frequent a brothel elsewhere; or
(c)
to procure a woman to leave her usual place of abode in the
UK, intending her to become an inmate or frequent a brothel in any
part of the world for the purposes of prostitution.
S. 24 (1) It is an offence for a person to detain
a woman against her will on any premises with the intention that
she shall have unlawful sexual intercourse with men or with a
particular man, or to detain a woman against her will in a
brothel.
The maximum sentences for these offences is two
years, making the trafficking offences introduced by the NIA 2002
and the forthcoming Sexual Offences legislation, a more serious
offence with heavier penalties. The 1956 Act also contains the
offence of abduction, although as with many of the offences under
this act, this may be difficult to prove if it has occurred in the
country of origin. Finally, s.30 and 31 contain the offence of
exercising control over a prostitute, which carried a maximum
sentence of seven years, which has been increased under the new
Act to 14 years. This came into effect on the 10th
February 2003.
The Offences against the Person Act 1861 covers
the offences of murder, rape and sexual assault.
Prosecutions have also been brought against
traffickers for the offence of ‘unlawful imprisonment’ that has
been used to bring charges against traffickers.
The Criminal Justice Act 1988 and the Proceeds of
Crime Act 1995 may be used to conduct financial investigations
into suspected traffickers’ financial affairs and to seize
assets.